United States of America v. Eddie Dean McBride

United States Court of Appeals
For the Eighth Circuit
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No. 22-2820
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United States of America
lllllllllllllllllllllPlaintiff - Appellee
v.
Eddie Dean McBride
lllllllllllllllllllllDefendant - Appellant
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Appeal from United States District Court
for the Western District of Arkansas - El Dorado
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Submitted: February 21, 2023
Filed: March 1, 2023
[Unpublished]
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Before LOKEN, KELLY, and KOBES, Circuit Judges.
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PER CURIAM.
Eddie McBride pleaded guilty to distribution of methamphetamine in violation
of 21 U.S.C. §§ 841(a)(1), (b)(1)(C). As part of the plea agreement, McBride waived

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his right to appeal unless the district court1 gave him a sentence that exceeded the
statutory maximum. The district court sentenced McBride to 120 months in prison.
McBride’s below-Guidelines sentence does not exceed the statutory maximum. See
21 U.S.C. § 841(b)(1)(C). McBride’s counsel moved to withdraw, and has filed a
brief under Anders v. California, 386 U.S. 738 (1967), challenging the substantive
reasonableness of McBride’s sentence. In a pro se brief and a supplemental
memorandum, McBride challenges the district court’s calculation of the advisory
Guidelines range. The government moved to dismiss this appeal based on the appeal
waiver.
Upon careful review, we conclude that the appeal waiver is valid, enforceable,
and applicable to the issues raised in this appeal. See United States v. Scott, 627 F.3d
702, 704 (8th Cir. 2010) (de novo review of validity and applicability of appeal
waiver); United States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc)
(appeal waiver will be enforced if appeal falls within scope of waiver, defendant
knowingly and voluntarily entered into plea agreement and waiver, and enforcing
waiver would not result in miscarriage of justice).
We have independently reviewed the record under Penson v. Ohio, 488 U.S.
75 (1988), and have found no non-frivolous issues for appeal falling outside the scope
of the appeal waiver. Accordingly, we dismiss the appeal based on the appeal waiver
and grant counsel’s motion to withdraw.
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1The Honorable Susan O. Hickey, Chief Judge, United States District Court for
the Western District of Arkansas.
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